Karnataka High Court
Sri Shivaputra M Honnalli vs The State Of Karnataka on 8 October, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 8TH DAY OF OCTOBER, 2025
R
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 106663 OF 2025 (S-RES)
BETWEEN:
SRI.SHIVAPUTRA M HONNALLI
S/O MAHADEVAPPA HONNALLI
AGED ABOUT 58 YEARS
IN-CHARGE COMPTROLLER
UNIVERSITY OF AGRICULTURAL SCIENCES
DHARWAD 580 005
KARNATAKA, INDIA
... PETITIONER
(BY SRI.PRASHANT S KADADEVAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF FINANCE
(ADMINISTRATION AND ADVACE)
Digitally signed VIDHANA SOUDHA, AMBEDKAR BHEEDHI
by SHWETHA SAMPANGI RAMA NAGARA
RAGHAVENDRA
BENGALURU, KARNATAKA 560 001
Location: HIGH
COURT OF REPRESENTED BY ITS
KARNATAKA UNDER-SECRETARY
2. THE VICE CHANCELLOR
UNIVERSITY OF AGRICULTURAL SCIENCES, DHARWAD
DHARWAD 580 005
KARNATAKA, INDIA
3. THE REGISTRAR
UNIVERSITY OF AGRICULTURAL SCIENCES, DHARWAD
DHARWAD 580 005
KARNATAKA, INDIA
-2-
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
4. POOJA DODDAMANI
CHIEF ACCOUNTANT
OFFICE OF THE CHIEF ENGINEER
COMMUNICATIONS AND BUILDING (NORTH)
PUBLIC WORKS DEPARTMENT,
DHARWAD 580 001.
... RESPONDENTS
(BY SRI.SHARAD V MAGADUM, AGA FOR R1,
SRI.MRUTYUNJAYA S HALLIKERI, ADVCOATE FOR R2 & R3,
SRI.SATISH M DODDAMANI, SENIOR COUNSEL
FOR SMT.VIDYAVATHI M KOTTURSHETTAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER,
DIRECTION, WRIT OR ANY APPROPRIATE ORDER, WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED
06.09.2025 VIDE NO.AA E 189 RAA LE PA 2025 (1) PASSED BY THE
RESPONDENT NO.1 (ANNEXURE-D), IN THE INTEREST OF JUSTICE
AND PASS SUCH OTHER AND FURTHER ORDER/ORDERS AS ARE
DEEMED FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF
THE CASE.
THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED ON
24.09.2025, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CAV ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the
following reliefs:
1.1. Issue an order, direction, writ or any
appropriate order, writ in the nature of certiorari
quashing the impugned order dated 06.09.2025
vide No.AA E 189 RAA LE PA 2025 (1) passed by
the respondent No.1 (Annexure-D), in the
interest of justice.
-3-
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
2. Petitioner has been working as Deputy Comptroller at
the University of Agricultural Sciences - respondent
No.2, having a long association with the University,
and claims to have contributed to the growth of the
University as an efficient employee. It is contended
that recognizing the petitioner's capabilities, he was
appointed as In-charge Comptroller of the University
on 02.06.2018 by way of an administrative order of
the University, he was further continued as the
Administrative Officer of UAS, Dharwad by directing
Dr.H Basavaraj, In-charge Comptroller to hand over
the complete charge of the post of Comptroller to the
petitioner and report compliance.
3. Respondent No.1 - State issued a notification on
02.08.2022 appointing 11 Deputy Comptrollers and
Government Directors in additional charges of various
posts. One Sanjeev Kumar Singh was deputed as the
In-charge Comptroller of respondent No.2. The
-4-
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
petitioner, being still In-charge of the post of
Comptroller of the University, contending that such
deputation would interfere with his service and
claiming the same to be illegal, arbitrary and contrary
to law, challenged the same in WP No.103155/2022.
This court, vide its order dated 02.09.2022, stayed the
order dated 02.08.2022. While the said writ petition
was pending, respondent No.1 - State is stated to
have passed one more order whereunder one other
person was posted to the place of the petitioner and in
that background, the petitioner had once again filed
another writ petition, which subsequently came to be
disposed of in a writ appeal.
4. Though this information has been stated in Paragraph
5 of the writ petition, no details of the writ petition or
writ appeal have been furnished. On the basis of the
earlier writ petition in WP No.103155/2022, being still
pending, and the writ appeal in the other matter was
still pending, it is contended that respondent No.1 -
-5-
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
State ought not to have issued one more order giving
promotion to respondent No.4 and placing respondent
No.4 in the place of the petitioner. It is challenging the
same the petitioner is before this Court.
5. The submission of Sri.Prashant S Kadadevar, learned
counsel appearing for the petitioner is that
5.1. under Section 31(9)(a) of the Universities of
Agricultural Sciences Act, 2009 (hereinafter
referred to as 'Act of 2009'), a Comptroller is a
whole time officer of the University appointed by
the Vice-Chancellor and on that basis it is
contended that it is only the Vice-Chancellor who
has the authority to appoint the Comptroller and
not respondent No.1 - State and on that basis it
is contended that the order dated 06.09.2025
appointing respondent No.4 is without authority
of law and against the provision of the Act of
-6-
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
2009 and the same having been passed contrary
to law, is required to be set aside.
5.2. He also relies on Section 30 of the Act of 2009 to
contend that the Officers of the University, shall
be appointed by the Vice-Chancellor with the
approval of the Board and by referring to Section
24, he submits that the Comptroller is an Officer
of the University. He submits that the petitioner
having joined the services on 21.03.1994, he
was promoted as Deputy Comptroller from
14.03.2013 and has been working as In-charge
Comptroller from 02.06.2018.
5.3. There is a consistent attempt made to dislodge
the petitioner from his post, the petitioner, being
required to file two earlier writ petitions, is now
constrained to approach this Court by a third writ
petition.
-7-
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
5.4. On that basis, he submits that the petitioner has
been targeted and as such this Court ought to
intercede in the matter to set aside the
appointment of respondent No.4.
6. Sri.Satish M Doddamani, learned Senior counsel
appearing for respondent No.4 would submit that
6.1. The petitioner does not have the qualifications to
discharge duties as a Comptroller. Respondent
No.4, is a person who is so qualified and it is for
that reason that respondent No.4 has been
appointed.
6.2. The petitioner is guilty of suppressio veri and
suggestio falsi, inasmuch as the petitioner has
not brought to the notice of this Court the orders
passed in WP No.101265/2025 which dismissed
the claim of the petitioner. The petitioner has
only referred to a favourable order in WP
No.103155/2022 and therefore has suppressed
-8-
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
the order against the petitioner in WP
No.101265/2025. In the appeal which has been
filed, there is no order of stay which has been
granted, and as such, the petitioner, having
failed in WP No.101265/2025, cannot seek any
other order in the present matter.
6.3. In WP No.101265/2025, the petitioner had
challenged the appointment of Sri.Vishwanath
P.V. who was appointed as the Comptroller of
the UAS on 29.07.2025. The said challenge was
dismissed by holding that the petitioner does not
meet the eligibility criteria to hold the post of
Comptroller of the University. When there is a
finding of a Coordinate Bench of this Court that
the petitioner does not meet the eligibility
criteria, the question of the petitioner filing the
present petition would not arise.
-9-
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
6.4. Insofar as WP No.103155/2022 is concerned, his
submission is that the said writ petition has been
rendered infructuous on account of the
subsequent appointment of Sri.Vishwanath and
thereafter now the appointment of respondent
No.4.
6.5. By referring to Subsection (9) of Section 31 of
the Act of 2009, he submits that a person
appointed to the post of the Comptroller of the
University, must be from a cadre which is
equivalent to the cadre of Joint Comptroller of
State Accounts Department or an Officer of the
rank of Deputy Accountant General of the Audit
and Accounts Department possessing relevant
experience in audit and accounting. The
petitioner is neither from the cadre of Joint
Comptroller of State Accounts Department nor
does he hold the rank of Deputy Accountant
General of the Audit and Accounts Department,
- 10 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
and as such as held by this Court in its order
dated 29.07.2025 in WP No.101265/2025, the
petitioner not meeting the eligibility criteria
cannot maintain the present petition.
6.6. He refers to Section 62 of the Act of 2009 to
contend that subject to the provisions of the Act
and statutes, appointments to the post and
services in connection with the affairs of the
University may be made by the Vice-Chancellor
with the approval of the Board. There being no
rules which have been framed in terms of
Section 62, it is the Vice-Chancellor who
continues to be the appointing authority. The
Vice-Chancellor having appointed respondent
No.4, the said appointment is proper and correct.
7. Sri.Sharad Magadum, learned AGA appearing for the
State would submit that
- 11 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
7.1. the order of the Government is proper inasmuch
as a Joint Comptroller of State Accounts
Department is required to complete 9 module
training, namely 1) Auditing of Local bodies,
State Universities Urban Development
Authorities, Muzrai Institutions etc. 2) The
Government Accounts, 3) Commercial Accounts/
Double Entry Accrual-based Accounting System
(DEAS), 4) Public Finance, 5) the Financial
Management, 6) Law, 7) Services and Financial
Rules, 8) Information and Communication
Technology, 9) Organizational Behavior and
would pass SAS(Subordinate Accounting System)
exams to carryout responsibilities of the Joint
Controller. Hence, the capabilities of the
petitioner in that regard not being available, a
person who has that eligibility and capability can
only be appointed as a Comptroller of the UAS
from the cadre of Joint Comptroller.
- 12 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
7.2. The petitioner being an In-charge Comptroller,
the post is deemed to be vacant and as such, the
appointment of respondent No.4 to such vacant
post is proper.
7.3. The accounting and auditing function of various
departments are carried out by the State
Accounts and Audit Department so as to ensure
that all departments are in compliance with the
rules of the State Accounts and Audit
Department and separation between
implementation and finance related issue and it
is for that reason that senior staff of accounting
and audit functions in various departments at
senior levels. Respondent No.4 being a person
who satisfies that requirement has been so
appointed. On that ground he submits that the
writ petition is required to be dismissed.
- 13 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
8. Sri.Mrutyunjaya S Hallikeri, learned counsel appearing
for the UAS, submits that
8.1. the Vice-Chancellor is the proper authority to
appoint a Comptroller. In terms of Subsection
(9) of Section 31 of the Act of 2009, the Vice-
Chancellor having appointed the petitioner, the
same is proper and correct. The respondent No.1
- State could not have appointed respondent
No.4 to the said post while it was occupied by
the petitioner.
9. Heard Sri.Prashant S Kadadevar, learned counsel for
the petitioner, Sri.Sharad V Magadum learned AGA for
respondent No.1, Sri.Mrutyunjaya S Hallikeri, learned
counsel for respondent Nos.2 and 3 and Sri.Satish M
Doddamani, learned Senior counsel for Smt.Vidyavathi
M Kotturshettar for respondent No.4. Perused the writ
petition papers.
10. The points that would arise for determination are:
- 14 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
1. Whether the Vice-Chancellor could
have appointed the petitioner as
the In-Charge Comptroller in the
year 2018 and whether the
petitioner possesses the
qualifications to be appointed as
the Comptroller of the University?
2. Whether the appointment of
respondent No.4 by the State is
proper and correct?
3. What order?
11. I answer the above points as under:
12. Answer to point No.1: Whether the Vice-
Chancellor could have appointed the petitioner
as the In-Charge Comptroller in the year 2018
and whether the petitioner possesses the
qualifications to be appointed as the Comptroller
of the University?
12.1. Section 24 of the Act of 2009 is reproduced
hereunder for easy reference:
"24. Officers of the University. -
The following shall be the officers of the
University, namely:-
(i) The Chancellor
(ii) Pro-Chancellor
(iii) The Vice-Chancellor
- 15 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
(iv) The Directors
(v) The Deans
vi) The Registrar
(vii) The University Librarian
(viii) Dean of Student Welfare
(ix) Such other persons in the service of the
University as may be declared by the
Statutes to be the Officers of the University;
and
(x) Comptroller"
12.2. A perusal of Section 24 indicates that a persons
named therein would be the Officer of the
University.
12.3. Section 30 of the Act of 2009 is reproduced
hereunder for easy reference:
"30. Terms and Conditions of
service of other officers of the
University.- The officers of the University
specified in clause (iv) to (ix) of section 24
shall be appointed by the Vice-Chancellor
with the approval of the Board on such
terms and conditions as may be prescribed:
Provided that the Vice-Chancellor may
make appointments of such officers as a
temporary measure for a period of six
- 16 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
months under intimation to the concerned
authority of the University."
12.4. A perusal of Section 30 of the Act of 2009
indicates that the Officers of the University
specified in Clause (iv) to (ix) of Section 24 shall
be appointed by the Vice-Chancellor with the
approval of the Board on such terms and
conditions as may be prescribed, provided that
the Vice-Chancellor may make appointment of
such Officers as a temporary measure for a
period of six months under intimation to the
concerned authority of the University. Thus, any
appointment only of the person named in clause
(iv) to (ix) of Section 24 could be appointed by
the Vice-Chancellor.
12.5. A Comptroller coming under clause (x) of Section
24 is not one who could be appointed by the
Vice-Chancellor.
- 17 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
12.6. Section 31 of the Act of 2009 is reproduced
hereunder for easy reference:
"31. Directors, Deans, Registrar,
Comptroller etc.-
(1) Director of Education
(a) Shall be responsible for coordination
teaching, research and extension programs
of the University. He will be concerned with
the policy matters and system regarding
resident instruction in the University and
development of educational technology and
teachers training programme. He shall also
oversee examinations.
(b) Shall be responsible for maintaining
permanent records of the Academic Council,
Board of studies Under Graduate and Post
Graduate Studies and maintaining students'
discipline.
(c) Shall function as Member Secretary of the
Academic Council and chairman of Board of
Studies for under graduate and post
graduate programs.
(d) Shall Co-ordinate and review all research
and extension education programs in the
university.
(e) Shall oversee the activities of
communication centre and University
Publications."
12.7. Section 31 of the Act of 2009 deals with the
various Officers of the University. What is
- 18 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
relevant for this matter is Subsection (9) of
Section 31, a perusal of which indicates that a
Comptroller shall be a whole time Officer of the
University appointed by the Vice-Chancellor with
the approval of the Board of Management from
and out of a panel of not less than three persons
being Officers in the cadre of Joint Comptroller of
State Accounts Department or an Officer of the
rank of the Deputy Accountant General of Audit
and Accounts Department, having experience in
audit, accounting and financial administration
recommended by the Vice-Chancellor to the
Board of Management.
12.8. If none in the panel is approved by the Board of
Management, within 30 days, the Chancellor
may, in consultation with the Vice-Chancellor,
appoint such person as he deems fit to be the
Comptroller.
- 19 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
12.9. Thus, the requirement is categorical.
12.9.1. Inasmuch as a panel of not less than three
persons being Officers in the cadre of Joint
Comptroller of State Accounts Department
or an Officer of the rank of Deputy
Accountant General of Audit and Accounts
Department, having experience in audit,
accounting and financial administration, is
required to be prepared by the Vice-
Chancellor and placed before the Board of
Management.
12.9.2. The Board of Management could among
the panel of three, select one to be
appointed as the Comptroller
12.9.3. The Vice-Chancellor could appoint such
person approved by the Board of
Management as a Comptroller.
- 20 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
12.9.4. In the event of the Board of Management
not approving anyone in the panel, then it
would be the Chancellor who could, in
consultation with the Vice-Chancellor,
appoint such person as he deems fit to be
the Comptroller.
12.10. On repeated enquiry, as to whether a panel had
been constituted and whether the Board of
Management had approved anyone from the
panel and whether the petitioner qualified to be
on the panel, no documents have been placed on
record. Hence, an affidavit was directed to be
filed at which stage, the learned counsel for the
University submitted that there was no panel
which had been recommended by the Vice-
Chancellor to the Board of Management.
12.11. Thus, it is clear that firstly, the petitioner is not a
qualified person to be named in the panel.
- 21 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
Namely, he does not belong to the cadre of Joint
Comptroller of State Accounts Department or an
Officer of the rank of Deputy Accountant General
of Audit and Accounts Department.
12.12. Secondly, no panel was submitted to the Board
of Management.
12.13. Thirdly, the Board of Management did not
approve anyone and
12.14. lastly, without any such approval, the Vice-
Chancellor has appointed the petitioner as an In-
charge Comptroller.
12.15. Insofar as In-charge Comptroller is concerned,
Section 30, even if applied to a Comptroller, the
Vice-Chancellor can make appointment of such
Officers as a temporary measure only for a
period of six months under intimation to the
concerned authority of the University. Thus, any
- 22 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
In-charge arrangement could only extend for a
period of six months and not later. Admittedly, in
the present matter, the petitioner has been
discharging the In-charge arrangement from the
year 2018 and has been challenging any other
appointment made by the State, apparently with
the active support of the Vice-Chancellor.
12.16. The post of Comptroller being a very important
one is clear from Clause (c) of Subsection (9) of
Section 31, which indicates that the Comptroller
shall, subject to the control of the Finance
Committee, exercise such powers and perform
such functions as may be prescribed by Statutes
and Regulations. It requires the Comptroller to
be an independent person, verifying the accounts
and expenses of the University. Furthermore, in
terms of Clause (b) of Subsection (9) of Section
31, the tenure of the appointment of the
Comptroller, is restricted to 4 years.
- 23 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
12.17. It is rather shocking that the petitioner who was
appointed as an In-charge Comptroller, which
could not have been for more than six months at
the most, and even if a Comptroller is appointed
by following the procedure under Clause (a) of
Subsection (9) of Section 31, the tenure of the
Comptroller being not more than four years, the
petitioner is continued to discharge his role as a
Comptroller from the year 2018 till now for
nearly seven years. The above aspect does not
inspire confidence and, in fact, is suspicious.
12.18. It is not permissible for the Vice-Chancellor to
appoint a Comptroller in such a manner as done
and the post of the Comptroller being an
essential and important post at the University
dealing with all financial aspects, I am of the
considered opinion that there is required to be an
audit, made by the Comptroller and Audit
General of Karnataka into the affairs of the
- 24 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
University from the year 2018 till date to
ascertain if there is any financial
mismanagement and if any such financial
mismanagement is found, to take appropriate
action.
12.19. Hence I answer point No.1 by holding that the
petitioner did not qualify any of the criteria and
as such could not have been appointed as an In-
charge Comptroller.
13. Answer to point No.2: Whether the appointment
of respondent No.4 by the State is proper and
correct?
13.1. It is contended that respondent No.4 satisfies the
requirement belonging to the Cadre of Joint
Comptroller of the Karnataka State Accounts
Department. The fact remains that even as
regards respondent No.4, there is no panel which
had been recommended to the Board of
Management by the Vice-Chancellor including the
- 25 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
name of respondent No.4. The Board of
Management did not approve the name of the
respondent No.4. Hence, the question of
respondent No.4 being appointed as Comptroller
would not arise, the same being contrary to
Subsection (9) of Section 31 of the Act of 2009.
13.2. Hence, I answer point No.2 by holding that
respondent No.4 also does not satisfy the
requirement and qualification of a Comptroller
under Subsection (9) of Section 31 of the Act of
2009.
14. Answer to point No.3: What order?
14.1. In view of the above, neither appointment of the
petitioner nor respondent No.4 being proper and
correct and in terms of Subsection (9) of Section
31 of the Act of 2009, necessary directions would
have to be issued.
- 26 -
NC: 2025:KHC-D:13699
WP No. 106663 of 2025
HC-KAR
14.2. In that background, I pass the following:
ORDER
i. Writ Petition is dismissed. ii. The Comptroller and Auditor General of Karnataka is directed to carry out a financial audit of the University of Agricultural Sciences, Dharwad from the year 2018 to 2025 since the Office of the Comptroller was manned by a person who was not competent to do so and if any irregularities are found, to take action in regard there to in terms of the applicable law.
iii. The Vice-Chancellor is directed to prepare a panel of not less than three persons being Officers of the Cadre of Joint Comptroller of State Accounts Department or an Officer of the Rank of Deputy Accountant General of
- 27 -
NC: 2025:KHC-D:13699 WP No. 106663 of 2025 HC-KAR Audit and Accounts Department having experience in audit, accounting and financial administration and place the same before the Board of Management within a period of 45 days from today. iv. The Board of Management is directed to consider the panel and make its recommendation within 45 days, accepting any one of them or rejecting. If rejecting, give reasons for the same. v. In the event of any of the candidates in the panel being accepted by the Board of Management, the Vice-Chancellor could appoint the approved candidate as the Comptroller.
vi. In the event of all the candidates on the panel being rejected by the Board of Management, the Vice-Chancellor shall
- 28 -
NC: 2025:KHC-D:13699 WP No. 106663 of 2025 HC-KAR prepare a fresh list of three persons as stated above and place it before the Board of Management within 45 days of such rejection by the Board of Management. vii. Until then Respondent No.4 shall discharge her duties as the in-charge Comptroller, strictly in accordance with law, SD/-
(SURAJ GOVINDARAJ) JUDGE SH List No.: 19 Sl No.: 1